Separation Pay. 24.01 A Full Time employee shall be entitled to separa- tion pay as set out in subsection .03 provided they have not been excluded by subsection .02 and provided they meet any of the following eligibility provisions: (a) if they are terminated for a reason other than set out in subsection .02; (b) if they are laid off and on any date during their lay- off the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans; (c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above; (d) if they are ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefor, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s period. 24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if: (a) they quit; (b) they are terminated for just cause; (c) they are terminated under Section 6.07 of this Collect- ive Agreement; (d) they have been terminated because of specific direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; unless (i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentatives, or (ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province; (e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God; (f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff; (g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act; (h) they are entitled to receive any pension under the Company or Government Pension Plan. 24.03 The amount of the separation payment of an xxx- gible employee shall be equal to: (a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus (b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum. 24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive. 24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Separation Pay. 24.01 (a) A Full Time core employee shall be entitled to separa- tion separation pay as set out in subsection .03 “c” provided they have not been excluded by subsection .02 “b” and provided they meet any of the following eligibility provisions:
(ai) if they are terminated for a reason other than set out in subsection .02;“b”.
(bii) if they are laid off and on any date during their lay- off layoff the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) percent of normal full full-time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(ciii) in special cases where a laid off employee appears appear to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (bii) above;
(div) if they are ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; 10.10. An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes become eligible therefortherefore, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s month period. Operation will be interpreted as meaning:
1. plant, branch or warehouse
2. department or part department in which ten (10) or more employees are permanently laid off.
24.02 (b) Notwithstanding subsection .01“a”, an employee shall be excluded from separation pay eligibility if:
(ai) they They quit;
(bii) they They are terminated for just cause;
(ciii) they They are terminated under Section 6.07 5.03 (loss of seniority provision) of this Collect- ive Collective Agreement;.
(div) they They have been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ationsoperations; unless
(i1) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepresentatives, or
(ii2) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(ev) they They have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(fvi) they They are laid off and has have arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their layoff;
(gvii) they They are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers Compensation Act;
(hviii) they are the employee is entitled to receive any full pension under the Company or Government Pension Plan. At no time will the number of weeks of separation pay exceed the number of weeks to an employee’s normal retirement date (NRD as of June 1st, 2014 age 65) and/or the date the employee has announced as their retirement date.
24.03 (c) The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(ai) two (2) one week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(bii) for employees classified as probationary or Full Time core employees prior to March 21July 22, 1988, an additional Four Hundred Dollars three hundred and seventy-five ($400.00375.00) dollars multiplied by their completed years of seniority used in (ai) above to a maximum of 15 years. However, such eligible em- ployee employee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation separation pay under this part (bii) calculated as Eight Hun- dred Dollars seven hundred and fifty ($800.00750.00) dollars multiplied by their completed years of seniority used in (ai) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or the complete retail and/or distribution operations of Brewers Retail) B.D.L. the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 (d) If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Bargaining Agreement are cancelled.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Separation Pay. 24.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 provided they have not been excluded by subsection .02 and provided they meet any of the following eligibility provisions:he/she has not
(a) if they are he/she is terminated for a reason other than set out in subsection .02;
(b) if they are he/she is laid off and on any date during their lay- off his/her layoff the hours scheduled for them him/her during the previous pre‑ vious twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are he/she is not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he/she may request immediate ter- mination immedi‑ ate termination and separation pay, and with the concurrence con‑ xxxxxxxx of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are he/she is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- concern‑ ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they he/she first becomes eligible therefor, otherwise their his/her right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are he/she is entitled without waiting the six month’s period.
24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:
(a) they quithe/she quits;
(b) they are he/she is terminated for just cause;
(c) they are he/she is terminated under Section 6.07 of this Collect- ive Col‑ lective Agreement;
(d) they have he/she has been terminated because of specific direc- direc‑ tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- oper‑ ations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- rep‑ resentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per- per‑ iod in lieu of their his/her layoff;
(g) they are he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are he/she is entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- xxx‑ gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their his/her hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their his/her completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they he/she actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- em‑ ployee who applies for separation pay at the time they he/ she first becomes eligible therefore shall have their separ- ation his/ her separation pay under this part (b) calculated as Eight Hun- dred Hundred Dollars ($800.00) multiplied by their his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- re‑ ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their his/her employment is terminated and their his/her seniority and other rights under the Collective Bar- Bar‑ gaining Agreement are cancelled.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Separation Pay. 24.01 A Full Time regular employee shall be entitled to separa- tion pay as set out in subsection .03 provided they have he/she has not been excluded by subsection .02 and provided they meet he/she meets any of the following eligibility provisions:
(a) if they are he/she is terminated for a reason other than set out in subsection .02;
(b) if they are he/she is laid off and on any date during their lay- off his/her layoff the hours scheduled for them him/her during the previous pre- vious twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are he/she is not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he/she may request immediate ter- mination termination and separation pay, and with the concurrence concur- rence of the Company and the Union this may be granted xxxxx- xx notwithstanding the eligibility clause in (b) above;
(d) if they are he/she is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefor, otherwise their his/her right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are he/she is entitled without waiting the six month’s period.
24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:
(a) they quithe/she quits;
(b) they are he/she is terminated for just cause;
(c) they are he/she is terminated under Section 6.07 of this Collect- ive Col- lective Agreement;
(d) they have he/she has been terminated because of specific direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have he/she has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are he/she is laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their his/her layoff;
(g) they are he/she is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are he/she is entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) one week’s base earnings (computed on the basis of their his/ her hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their his/her completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they he/ she actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time regular employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their his/ her completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they he/ she first becomes eligible therefore shall have their separ- ation his/ her separation pay under this part (b) calculated as Eight Hun- dred Hundred Dollars ($800.00) multiplied by their his/ her completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery brewery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their his/her employment is terminated and their his/her seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Separation Pay. 24.01 A Full Time employee (a) Any separation payments made under this Section 6 shall be entitled contingent on the Executive entering into a Severance and Release Agreement in the form attached hereto as Exhibit B with the Company and the Bank within sixty (60) days prior to separa- tion pay as set out the termination date, pursuant to which a full release, to the maximum extent permitted by law, is provided by Executive; and shall be payable in subsection .03 regular installments in accordance with the Bank’s normal payroll practices, commencing on the first regular payroll date occurring after the Effective Date of a Severance and Release Agreement, provided they have not been excluded by subsection .02 and provided they meet any of that in the following eligibility provisions:event that the sixty day period covers two taxable years, the payments will be paid or commence in the second taxable year.
(a) if they are terminated for a reason other than set out in subsection .02;
(b) if they are laid off and on any date during their lay- off the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination and separation payWhere applicable, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefor, otherwise their right to such payment “Separation Pay” shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s period.
24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility ifconsist of:
(a) they quit;
(b) they are terminated for just cause;
(c) they are terminated under Section 6.07 of this Collect- ive Agreement;
(d) they have been terminated because of specific direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; unless
(i) Continuation of (i) Executive’s Base Salary at the direction or decree is rate in effect on the result effective date of an illegal act committed by the Company or one of its rep- resentatives, or
termination and (ii) an amount equal to 50% of the direction or decree purports Target Annual Incentive Payment for the year of termination of employment paid in equal monthy installments with the Base Salary, each for a period of eighteen (18) months (“Separation Pay Period”), and in no event shall Executive be entitled to change Separation Pay in excess of eighteen months’ pay. For purposes of this Section 6.3.3, Target Annual Incentive Payment shall mean 100% of Executive’s Base Salary in effect on the method effective date of beer retailing and/or beer distribution within the Province;termination; and
(ei) they have been laid off because Continuation of any act the Bank’s portion of war or premiums for health benefits, conditioned on Executive’s remaining enrolled in such benefits under COBRA for the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay maximum permissible period, for a specific per- iod in lieu {Clients/1836/00406836.DOCX/ } 7 period of their layoff;
(g) they are in receipt eighteen months or until such earlier date that the Executive becomes a full time employee of income replacement benefits under another employer, provided the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are Executive becomes entitled to receive any pension under benefits with such other employer that are substantially similar to the Company or Government Pension Plan.
24.03 medical coverage provided by the Bank. The amount Bank shall pay to the Executive cash during the Separation Pay Period equivalent to the Bank’s portion of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied annual premium otherwise payable by the number of their completed years of sen- iority (as used Bank where, due to legal, contract, or plan limitations, the benefit referenced in this subsection cannot be continued “in kind” for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.full Separation Pay Period; and
Appears in 1 contract
Separation Pay. 24.01 Section 1 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 3, provided they have he has not been excluded by subsection .02 2 and provided they meet he meets any of the following eligibility provisions:
(a) if they are he is terminated for a reason other than set out in subsection .022;
(b) if they are he is laid off and on any date during their lay- off his layoff the hours scheduled for them him during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours hours, provided they are he is not eligible for any Company or Government pension or for benefits under the Company’s 's insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they months, he may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are he is ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Article 14 Section .02 of the Letter of Understanding concern- ing technological change; 2. An employee eligible for a separation payment hereunder must apply for it not later than six months after they he first becomes eligible therefortherefore, otherwise their his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are he is entitled without waiting the six month’s months' period.
24.02 Section 2 Notwithstanding subsection .011, an employee shall be excluded from separation pay eligibility if:
(a) they quithe quits;
(b) they are he is terminated for just cause;
(c) they are he is terminated under Article 3, Section 6.07 2 (loss of seniority provision) of this Collect- ive Agreementcollective agreement;
(d) they have he has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; 's operations, unless;
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepresentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have he has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are he is laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their his layoff;
(g) they are he is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers' Compensation Act;
(h) they are he is entitled to receive any pension under the Company or Government Pension Plan.
24.03 Section 3 The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(a) two (2) one week’s 's base earnings (computed on the basis of their his hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their his completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they he actively worked in the Bargaining UnitUnion, plus
(b) for employees classified as probationary or Full Time regular employees prior to March 21May 17, 1988, an additional Four Three Hundred Dollars and Seventy-five ($400.00375.00) multiplied by their his completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee employee who applies for separation pay at the time they he first he first becomes eligible therefore shall have their separ- ation his separation pay under this part (b) calculated as Eight Hun- dred Seven Hundred and Fifty Dollars ($800.00750.00) multiplied by their his completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery brewery (or complete retail and/or distribution and other operations of Pacific Brewers RetailDistributors Ltd.) the 15 year maximum is replaced with a 22 year maximum.
24.04 Section 4 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceivereceive.
24.05 Section 5 If an employee applies for and accepts a separation payment hereunder, their his employment is terminated and their his seniority and other rights under the Collective Bar- gaining Bargaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Separation Pay. 24.01 23.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 23.03 provided they have he has not been excluded by subsection .02 23.02 and provided they meet he meets any of the following eligibility provisions:
(a) a. if they are he is terminated for a reason other than set out in subsection .02;23.02
(b) b. if they are he is laid off and on any date during their lay- off his layoff the hours scheduled for them him during the previous twelve (12) consecutive months were less than fifty percent (50%) of or normal full time hours provided they are he is not eligible for any Company or of Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability disability Plans;
(c) c. in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) d. if they are he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; . An employee eligible for a separation payment hereunder must apply for it not later than six months after they he first becomes became eligible therefor, therefore otherwise their his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are he is entitled without waiting the six month’s month period.
24.02 23.02 Notwithstanding subsection .0123.01, an en employee shall be excluded from separation pay eligibility if:
(a) they quita. he quits;
(b) they are b. he is terminated for just cause;
(c) they are terminated under Section 6.07 of this Collect- ive Agreementc. where an employee loses his seniority;
(d) they have d. he has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ationsoperations; unless:
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesit’s representatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Provinceprovince;
(e) they have e. he has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are f. he is laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their his layoff;
(g) they are g. he is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Worker’s Compensations Act;
(h) they are h. he is entitled to receive any pension under the Company or Government Pension Plan.
24.03 23.03 The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(a) two (2) a. one week’s base earnings (computed on the basis of their his hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their his completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they he actively worked in the Bargaining Unit, plus
(b) b. for employees classified as probationary or Full Time regular employees prior to March 21, 1988, an additional Four Three Hundred and Seventy-five Dollars ($400.00375.00) multiplied by their his completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee employee who applies applied for separation pay at the time they he first becomes eligible therefore therefor shall have their separ- ation his separation pay under this part (b) calculated as Eight Hun- dred Dollars Seven Hundred and Fifty ($800.00750.00) multiplied by their his completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) brewery the 15 year maximum is replaced with a 22 year maximum.
24.04 23.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceivereceive.
24.05 23.05 If an employee applies for and accepts a separation payment hereunder, their his employment is terminated and their his seniority and other rights under the Collective Bar- gaining Bargaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Agreement
Separation Pay. 24.01 27.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 27.03 provided they have he/she has not been excluded by subsection .02 27.02 and provided they meet the employee meets any of the following eligibility provisions:
(a) if they are the employee is terminated for a reason other than set out in subsection .0227.02;
(b) if they are the employee is laid off and on any date during their lay- off layoff the hours scheduled for them the employee during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s 's insured Weekly Indemnity or Long Term Disability disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he/she may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are the employee is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change29.02; An employee eligible for a separation payment hereunder must apply for it not later than six months after they he/she first becomes become eligible therefortherefore, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are he/she is entitled without waiting the six month’s month period.
24.02 27.02 Notwithstanding subsection .0127.01, an employee shall be excluded from separation pay eligibility if:
(a) they quitthe employee quits;
(b) they are the employee is terminated for just cause;
(c) they are the employee is terminated under Section 6.07 8 of this Collect- ive the Collective Agreement;
(d) they have the employee has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations's operations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepresentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have the employee has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are the employee is laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their layoff;
(g) they are the employee is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Worker's Compensations Act;
(h) they are the employee is entitled to receive any pension under the Company or Government Pension Plan.
24.03 27.03 The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(a) two (2) one week’s 's base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they he/she actively worked in the Bargaining Unitunit, plus
(b) for employees classified as probationary or Full Time regular employees prior to March 21, 1988, an additional Four Three Hundred Dollars and Seventy-five dollars ($400.00375.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee employee who applies applied for separation pay at the time they he/she first becomes eligible therefore shall have their separ- ation separation pay under this part (b) calculated as Eight Hun- dred Dollars one week's base earnings ($800.00computed on the basis of their hourly rate in effect as of the time of layoff) multiplied by the number of their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.fifteen
Appears in 1 contract
Samples: Collective Agreement
Separation Pay. 24.01 (a) A Full Time core employee shall be entitled to separa- tion separation pay as set out in subsection .03 “c” provided they have not been excluded by subsection .02 “b” and provided they meet any of the following eligibility provisions:
(ai) if they are terminated for a reason other than set out in subsection .02;“b”.
(bii) if they are laid off and on any date during their lay- off layoff the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) percent of normal full full-time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(ciii) in special cases where a laid off employee appears appear to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (bii) above;
(div) if they are ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; 10.10. An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes become eligible therefortherefore, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s month period. Operation will be interpreted as meaning:
1. plant, branch or warehouse
2. department or part department in which ten (10) or more employees are permanently laid off.
24.02 (b) Notwithstanding subsection .01“a”, an employee shall be excluded from separation pay eligibility if:
(ai) they They quit;
(bii) they They are terminated for just cause;
(ciii) they They are terminated under Section 6.07 5.03 (loss of seniority provision) of this Collect- ive Collective Agreement;.
(div) they They have been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ationsoperations; unless
(i1) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepresentatives, or
(ii2) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(ev) they They have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(fvi) they They are laid off and has have arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their layoff;
(gvii) they They are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers Compensation Act;
(hviii) they are the employee is entitled to receive any full pension under the Company or Government Pension Plan. At no time will the number of weeks of separation pay exceed the number of weeks to an employee’s normal retirement date (NRD as of June 1st, 2014 age 65) and/or the date the employee has announced as their retirement date.
24.03 (c) The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the : number of their completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Samples: Union Collective Agreement
Separation Pay. 24.01 23.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 23.03 provided they have he has not been excluded by subsection .02 23.02 and provided they meet he meets any of the following eligibility provisions:
(a) a. if they are he is terminated for a reason other than set out in subsection .02;23.02
(b) b. if they are he is laid off and on any date during their lay- off his layoff the hours scheduled for them him during the previous twelve (12) consecutive months were less than fifty percent (50%) of or normal full time hours provided they are he is not eligible for any Company or of Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability disability Plans;
(c) c. in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) d. if they are he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; . An employee eligible for a separation payment hereunder must apply for it not later than six months after they he first becomes became eligible therefor, therefore otherwise their his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are he is entitled without waiting the six month’s month period.
24.02 23.02 Notwithstanding subsection .0123.01, an en employee shall be excluded from separation pay eligibility if:
(a) they quita. he quits;
(b) they are b. he is terminated for just cause;
(c) they are terminated under Section 6.07 of this Collect- ive Agreementc. where an employee loses his seniority;
(d) they have d. he has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ationsoperations; unless:
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentatives, orthe
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Provinceprovince;
(e) they have e. he has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;or
(f) they are f. he is laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their his layoff;
(g) they are g. he is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Worker’s Compensations Act;
(h) they are h. he is entitled to receive any pension under the Company or Government Pension Plan.
24.03 23.03 The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(a) two (2) a. one week’s base earnings (computed on the basis of their his hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their his completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they he actively worked in the Bargaining Unit, plus
(b) b. for employees classified as probationary or Full Time regular employees prior to March 21, 1988, an additional Four Three Hundred and Seventy-five Dollars ($400.00375.00) multiplied by their his completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee employee who applies applied for separation pay at the time they he first becomes eligible therefore therefor shall have their separ- ation his separation pay under this part (b) calculated as Eight Hun- dred Dollars Seven Hundred and Fifty ($800.00750.00) multiplied by their his completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) brewery the 15 year maximum is replaced with a 22 year maximum.
24.04 23.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceivereceive.
24.05 23.05 If an employee applies for and accepts a separation payment hereunder, their his employment is terminated and their his seniority and other rights under the Collective Bar- gaining Bargaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Agreement
Separation Pay. 24.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 provided they have he has not been excluded by subsection .02 and provided they meet he meets any of the following eligibility provisions:
(a) if they are he is terminated for a reason other than set out in subsection .02;
(b) if they are he is laid off and on any date during their lay- off his layoff the hours scheduled for them him during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are he is not eligible for any Company or Government pension or for benefits ben- efits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) ; in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he may request immediate ter- mination termi- nation and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding not- withstanding the eligibility clause in (b) above;
(d) if they are ; he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing concerning technological change; An employee eligible for a separation payment hereunder here- under must apply for it not later than six months after they he first becomes eligible therefor, otherwise their his right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation sepa- ration pay to which they are he is entitled without waiting the six month’s period.
24.02 . Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:
(a) they quit;
(b) they are he quits; he is terminated for just cause;
(c) they are ; he is terminated under Section 6.07 of this Collect- ive Collective Agreement;
(d) they have ; he has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ationsoperations; unless
(i) unless the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepre- sentatives, or
(ii) or the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Separation Pay. 24.01 14.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 Sub-section 14.03, provided they have he has not been excluded by subsection .02 Sub-section 14.02 and provided they meet he meets any of the following eligibility provisions:
(a) if they are he is terminated for a reason other than set out in subsection .02Sub-section 14.02;
(b) if they are he is laid off and on any date during their lay- his lay-off the hours scheduled for them him during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours hours, provided they are he is not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they months, he may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are he is ultimately designated for indefinite lay lay-off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change14.02; An employee eligible for a separation payment hereunder must apply for it not later than six months after they he first becomes eligible therefortherefore, otherwise their his right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are he is entitled without waiting the six month’s months’ period.
24.02 14.02 Notwithstanding subsection .01Sub-section 14.01, an employee shall be excluded from separation pay eligibility if:
(a) they quit;
(he quits; b) they are he is terminated for just cause;
(c) they are terminated under Section 6.07 of this Collect- ive Agreement;
(d) they have been terminated because of specific direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Agreement
Separation Pay. 24.01 27.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 27.03 provided they have he/she has not been excluded by subsection .02 27.02 and provided they meet the employee meets any of the following eligibility provisions:
(a) if they are the employee is terminated for a reason other than set out in subsection .0227.02;
(b) if they are the employee is laid off and on any date during their lay- off layoff the hours scheduled for them the employee during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s 's insured Weekly Indemnity or Long Term Disability disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he/she may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are the employee is ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change29.02; An employee eligible for a separation payment hereunder must apply for it not later than six months after they he/she first becomes become eligible therefortherefore, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are he/she is entitled without waiting the six month’s month period.
24.02 27.02 Notwithstanding subsection .0127.01, an employee shall be excluded from separation pay eligibility if:
(a) they quitthe employee quits;
(b) they are the employee is terminated for just cause;
(c) they are the employee is terminated under Section 6.07 8 of this Collect- ive the Collective Agreement;
(d) they have the employee has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations's operations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepresentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have the employee has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are the employee is laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their layoff;
(g) they are the employee is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Worker's Compensations Act;
(h) they are the employee is entitled to receive any pension under the Company or Government Pension Plan.
24.03 27.03 The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(a) two (2) one week’s 's base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they he/she actively worked in the Bargaining Unitunit, plus
(b) for employees classified as probationary or Full Time regular employees prior to March 21, 1988, an additional Four Three Hundred Dollars and Seventy-five dollars ($400.00375.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee employee who applies applied for separation pay at the time they he/she first becomes eligible therefore shall have their separ- ation separation pay under this part (b) calculated as Eight Hun- dred Dollars one week's base earnings ($800.00computed on the basis of their hourly rate in effect as of the time of layoff) multiplied by the number of their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.fifteen
Appears in 1 contract
Samples: Collective Agreement
Separation Pay. 24.01 A Full Time employee shall be entitled to separa- tion pay as set out in subsection .03 provided they have not been excluded by subsection .02 and provided they meet any of the following eligibility provisions:
(a) if they are terminated In consideration for a reason Executive entering into this Agreement, and in resolution of all claims of Executive, including without limitation claims under that certain Employment Agreement dated and effective as of April 20, 2004 made by and between Company and Executive (the “Employment Agreement,” capitalized terms used herein but not defined herein having the meanings given in the Employment Agreement), as the result of the termination of Executive’s employment by the Company, the Company shall pay Executive twelve (12) months pay, $375,000. Company agrees that Executive shall be paid this separation amount in one lump sum on the Separation Date, subject to Sections 8 and 9 and with all other than set out in subsection .02;terms of this Agreement.
(b) In addition to the amount provided in Section 2(a), if they are laid off and on any date during their lay- off (i) prior to July 1, 2006 the hours scheduled Company has entered into a definitive merger or other agreement (“DA”) that would result in a “change of control” of the Company, (ii) prior to July 1, 2006 the other party to the DA (“Acquirer”) has requested in writing that Executive remain as an employee or consultant for them during the previous twelve a transitional period (12) consecutive months were less than fifty percent (50%specified in such request) of normal full time hours provided they are not eligible for any Company or Government pension or for benefits up to 90 days after the execution of the DA (the “Transitional Period”) on terms at least as favorable as the terms under which Executive is currently employed (in being understood that Executive’s duties shall be to assist in the transition of the change of control of the Company, and that Executive may not be chief executive officer of the Company for some or all of the Transitional Period) and (iii) Executive, at Executive’s insured Weekly Indemnity option, remains an employee or Long Term Disability Plans;consultant of the Company to the end of the Transitional Period (but in no event longer than 90 days after the execution of the DA), then in addition to the amount payable under Section 2(a), the Company shall pay to the Executive as a lump sum on the Separation Date, an additional separation amount equal to three (3) months pay, or $93,750.
(c) For purposes of this Agreement, the term “Separation Date” means July 1, 2006 unless Section 2(b) is applicable, in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination and separation paywhich case, and with the concurrence Separation Date means the final day of the Company Transitional Period or such earlier date on which Executive’s employment terminates. If Section 2(b) is applicable and Executive’s employment ends prior to the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 last day of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible thereforTransitional Period, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s period.
24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:
(a) they quit;
(b) they are terminated for just cause;
(c) they are terminated under Section 6.07 of this Collect- ive Agreement;
(d) they have been terminated because of specific direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; unless
(i) will make the direction or decree is payment required under Section 2(a) on the result Separation Date regardless of an illegal act committed by the Company or one of its rep- resentatives, or
reason for such termination and (ii) will make the direction payment required under Section 2(b) on the Separation Date if such termination is in circumstances described in clauses (i), (ii) or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(eiii) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment first sentence of an xxx- gible employee shall be equal to:
Section 7(c) (aChange of Control) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximumEmployment Agreement.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Separation Pay. 24.01 A Full Time employee shall (a) In consideration for the release and covenants by Executive set forth in this Agreement, Atmos agrees to pay to Executive in a lump sum in cash $2,131,098.00, minus required tax withholdings, which consists of the following amounts:
(i) the sum of $1,089,408.00, constituting the present value of the payment Executive otherwise would be entitled to separa- tion pay as set out in subsection .03 provided they have not been excluded by subsection .02 and provided they meet any receive when he reached age 55 under the terms of the following eligibility provisions:
(a) if they are terminated for SERP. Executive understands and agrees that this payment constitutes a reason other than complete discharge of Atmos’ obligations to Executive under the SERP and that Executive shall have no further rights to any benefits under the SERP, but shall remain subject to the obligations set out forth in subsection .02paragraph 10 of the Participation Agreement as more fully discussed below;
(bii) if they are laid off the sum of $342,851.00, in payment of the after-tax additional penalty tax imposed by Section 409A of the Internal Revenue Code of 1986, as amended, by reason of the acceleration of the payment of Executive’s benefits under the SERP;
(iii) the sum of $375,289.00, constituting one-year’s base salary of Executive;
(iv) the sum of $125,750.00, constituting payment of the portion of Executive’s award under the Atmos Annual Incentive Plan for Management (the “MIP”) for 2008 which was payable in restricted stock and on any date during their lay- off forfeited in accordance with the hours scheduled terms of the MIP; and
(v) the sum of $197,800.00, constituting payment of Executive’s award under the MIP for them during the previous twelve (12) consecutive months were less than 2009, fifty percent (50%) of normal full time hours which is payable in restricted stock and forfeitable in accordance with the terms of the MIP. All payments provided they are for in this Section 3(a) shall be referred to as the “Separation Pay.” Executive understands and agrees that he would not eligible for any Company otherwise be entitled to the amounts set forth in Subsections 3(a)(ii)-(v) and would not be entitled to a SERP payment as referred to in Subsection 3(a)(i) until he reached age 55.
(b) The Separation Pay shall be paid no later than December 31, 2009, by wire transfer of immediately available funds to an account or Government pension accounts designated by Executive, or for benefits under the Company’s insured Weekly Indemnity in such other manner as Executive may accept or Long Term Disability Plans;reasonably request.
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination and separation pay, and The Separation Pay is expressly conditioned on Executive’s compliance with the concurrence terms of this Agreement, including the provisions of Section 6 regarding non-solicitation of customers and employees. Further, the rights, obligations and liabilities of Atmos with respect to payment of the Company Separation Pay are conditioned and dependent on Executive’s continued compliance with the Union this may be granted notwithstanding the eligibility clause obligations set forth in (b) above;
(d) if they are ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 Paragraph 10 of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefor, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for Participation Agreement and shall receive any separation pay to which they are entitled without waiting the six month’s period.
24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:
(a) they quit;
(b) they are terminated for just cause;
(c) they are terminated under Section 6.07 6 of this Collect- ive Agreement;
(d) they have been terminated because Agreement regarding non-solicitation of specific direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off customers and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Planemployees.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Separation Pay. 24.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 provided they have he has not been excluded by subsection .02 and provided they meet he meets any of the following eligibility provisions:
(a) if they are he is terminated for a reason other than set out in subsection .02;
(b) if they are he is laid off and on any date during their lay- off his layoff the hours scheduled for them him during the previous twelve (122) consecutive months were less than fifty percent (50%) of normal full time hours provided they are he is not eligible for any Company or Government pension or for benefits ben- efits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) ; in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he may request immediate ter- mination termi- nation and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding not- withstanding the eligibility clause in (b) above;
(d) ; if they are he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing concerning technological change; An employee eligible for a separation payment hereunder here- under must apply for it not later than six months after they he first becomes eligible therefor, otherwise their his right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation sepa- ration pay to which they are he is entitled without waiting the six month’s period.
24.02 . Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:eligibility
(a) they quit;
(b) they are he quits; he is terminated for just cause;
(c) they are ; he is terminated under Section 6.07 of this Collect- ive Collective Agreement;
(d) they have ; he has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ationsoperations; unless
(i) unless the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepre- sentatives, or
(ii) or the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Separation Pay. 24.01 Section 1 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 3, provided they have not been excluded by subsection .02 2 and provided they meet any of the following eligibility provisions:
(a) if they are terminated for a reason other than set out in subsection .022;
(b) if they are laid off and on any date during their lay- off layoff the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours hours, provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months months, they may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are he is ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Article 14 Section .02 of the Letter of Understanding concern- ing technological change; 2. An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefortherefore, otherwise their right to such payment shall be cancelled. Notwithstanding the above above, if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s months’ period.
24.02 Section 2 Notwithstanding subsection .011, an employee shall be excluded from separation pay eligibility if:
(a) they quit;
(b) they are terminated for just cause;
(c) they are terminated under Article 3, Section 6.07 2 (loss of seniority provision) of this Collect- ive Agreementcollective agreement;
(d) they have been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; operations, unless;
(i) i. the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepresentatives, or
(ii) . the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their his layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers’ Compensation Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 Section 3 The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(a) two (2) one week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their completed years of sen- iority seniority (as used pro- rated for vacation entitlementpartial years of service) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time regular employees prior to March 21May 17, 1988, an additional Four Three Hundred Dollars and Seventy-five ($400.00375.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee employee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation separation pay under this part (b) calculated as Eight Hun- dred Seven Hundred and Fifty Dollars ($800.00750.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) brewery the 15 year maximum is replaced with a 22 year maximum.
24.04 Section 4 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceivereceive.
24.05 Section 5 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their his seniority and other rights under the Collective Bar- gaining Bargaining Agreement are cancelled.
Section 6 In the event of permanent plant closure, the Company agrees to give the Union notice of such closure at least six (6) months before the date on which the closure is to be effected.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Separation Pay. 24.01 (a) A Full Time core employee shall be entitled to separa- tion separation pay as set out in subsection .03 “c” provided they have not been excluded by subsection .02 “b” and provided they meet any of the following eligibility provisions:
(ai) if they are terminated for a reason other than set out in subsection .02;“b”.
(bii) if they are laid off and on any date during their lay- off layoff the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) percent of normal full full- time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(ciii) in special cases where a laid off employee appears appear to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (bii) above;
(div) if they are ultimately designated for indefinite lay off layoff as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; 10.10. An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes become eligible therefortherefore, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s month period. Operation will be interpreted as meaning:
1. plant, branch or warehouse
2. department or part department in which ten (10) or more employees are permanently laid off.
24.02 (b) Notwithstanding subsection .01“a”, an employee shall be excluded from separation pay eligibility if:
(ai) they They quit;
(bii) they They are terminated for just cause;
(ciii) they They are terminated under Section 6.07 5.03 (loss of seniority provision) of this Collect- ive Collective Agreement;.
(div) they They have been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ationsoperations; unless
(i1) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepresentatives, or
(ii2) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(ev) they They have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(fvi) they They are laid off and has have arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their layoff;
(gvii) they They are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers Compensation Act;
(hviii) they are the employee is entitled to receive any full pension under the Company or Government Pension Plan. At no time will the number of weeks of separation pay exceed the number of weeks to an employee’s normal retirement date (NRD as of June 1st, 2014 age 65) and/or the date the employee has announced as their retirement date.
24.03 (c) The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(ai) two (2) one week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied multiplied by the number of their completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(bii) for employees classified as probationary or Full Time core employees prior to March 21July 22, 1988, an additional Four Hundred Dollars three hundred and seventy-five ($400.00375.00) dollars multiplied by their completed years of seniority used in (ai) above to a maximum of 15 years. However, such eligible em- ployee employee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation separation pay under this part (bii) calculated as Eight Hun- dred Dollars seven hundred and fifty ($800.00750.00) dollars multiplied by their completed years of seniority used in (ai) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or the complete retail and/or distribution operations of Brewers Retail) B.D.L. the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 (d) If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Bargaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Agreement
Separation Pay. 24.01 A Full Time employee (1) The receipt of separation of pay provided under this Article is conditioned upon the separation of an Employee from the active workforce employment rolls as laid-off due to lack of work during the term of this Agreement.
(2) An Employee who has one (1) year or more of service shall be entitled to separa- tion paid separation pay as set out in subsection .03 provided they have each time he is terminated because of lack of work, except that such pay will not been excluded by subsection .02 and provided they meet any of the following eligibility provisionsbe paid when:
(aA) if they are terminated for He accepts, before his separation becomes effective, a reason other than set out in subsection .02job at any REMINGTON ARMS COMPANY, INC’s location;
(bB) if they are laid off and on any date during their lay- off the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability PlansHe is pensioned;
(cC) He resigns his employment;
(D) He is scheduled off from work temporarily due to curtailment or cessation of operation caused by;
i. Fire, flood, power failure, transportation difficulties, material shortages, and the like; or
ii. Any emergency condition beyond the direct control of the EMPLOYER. When an Employee is “scheduled off” for such reason for a definite or indefinite temporary period, he shall not be considered as terminated for the purpose of this Article; or
(E) A buyer or recipient of Remington assets offers an Employee continued employment.
(3) The PLANT may elect to pay separation pay in special cases where a laid off employee appears to have little prospect lump sum or weekly installments.
(4) Separation pay, if being paid in weekly installments, shall be discontinued when a former Employee is re-employed at any REMINGTON ARMS COMPANY, INC.’s plant, or is offered and refuses re-employment at the Ilion Plant.
(5) The amount of recall to regular work within a period of six months they may request immediate ter- mination and an Employee’s separation pay, and with subject to the concurrence foregoing provisions in this Article, shall be:
(A) One (1) week’s pay for each of the Company and the Union this may be granted notwithstanding the eligibility clause in first four (b4) above;years of service, plus,
(dB) if they are ultimately designated One (1) week’s pay for indefinite lay off as a result each year of a major technological change as provided in Section .02 service over four (4) reduced by the amount of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefor, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six monthpreviously paid at any REMINGTON ARMS COMPANY, INC’s period.
24.02 Notwithstanding subsection .01location for service after December 1, an employee 1993 over four (4) years. However, this reduction shall be excluded reduced in monthly increments to zero over a forty-eight (48) month period of re-employment from separation pay eligibility if:
(a) they quit;
(b) they are terminated last termination for just cause;
(c) they are terminated under Section 6.07 lack of this Collect- ive Agreement;
(d) they have been terminated because work. A fractional part of specific direc- tion or decree from any Government authority which has the effect a year, after his first year of curtailing any of the Company’s oper- ations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesservice, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
computed at the rate of one-twelfth (a1/12) two of one (21) week’s base earnings pay for each month of service. In such computation, if, in addition to full months of service an Employee has accrued fifteen (computed 15) or more days on the basis of their hourly date he is terminated, he shall be credited with a full month. For separation pay purposes, a week’s pay shall be the Employee’s current “straight-time” rate in effect as of time of layoff) multi- plied per hour multiplied by the number of their completed years hours, not to exceed forty (40) hours, constituting his normal weekly hours of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay work at the time they first becomes eligible therefore of his termination.
(C) Any other provisions of the Article to the contrary notwithstanding, separation pay shall have their separ- ation never exceed twenty (20) weeks.
(6) An employee who has received separation pay under this part shall not be required to return any portion of such pay to the PLANT in the event he is reemployed.
(b7) calculated as Eight Hun- dred Dollars Separation pay shall be in addition to any vacation allowance and any employment compensation benefits to which the Employee may be entitled.
($800.008) Nothing contained in the Article shall be deemed to qualify, limit or alter in any way the PLANT’s rights to reduce hours of work to avoid terminations because of lack of work.
(9) multiplied by their completed years of seniority Wherever the term “service” is used in (a) above to a maximum this Article, it shall mean the total length of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) time an Employee has been actively employed by the 15 year maximum is replaced with a 22 year maximumPLANT.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Bargaining Agreement (Remington Arms Co Inc/)
Separation Pay. 24.01 A Full Time employee shall be entitled to separa- tion pay as set out in subsection .03 provided they have not been excluded by subsection .02 and provided they meet any of the following eligibility provisions:
On condition that Employee (a) is still employed with the Company on the close of business on July 25th, 2008, and (b) has not revoked his execution of this Agreement prior to the expiration of the applicable revocation period, in consideration for Employee’s remaining employed through July 25th, 2008, commencing upon the Termination Date the Company shall pay Employee the sum of fifty five thousand dollars ($55,000) as severance pay; provided, however, that if they are terminated the Company terminates Employee’s employment prior to July 25th, 2008, for a reason other than set out one involving moral turpitude on Employee’s behalf, Employee will nevertheless be entitled to receive severance pay for a period of up to six (6) months in subsection .02;
accordance with the provisions of this Section. Furthermore, if Employee (bm) if they are laid off is, at all relevant times, pursuing new employment in a Comparable Position (as hereafter defined) with reasonable diligence, but (n) remains unemployed in a Comparable Position 90 days after the Termination Date, the Employee will receive up to an additional fifty five thousand dollars ($55,000) in bi-weekly payments (as described below) until the earlier of (x) the 180th day following the Termination Date, or (y) such time as Employee finds employment in a Comparable Position. For purposes of this Agreement, the term "Comparable Position” shall mean a job with total compensation (which shall be exclusive of the value of the new employer’s benefits plans and on bonuses based upon performance standards to be attained, but inclusive of signing bonuses or bonuses based upon longevity with the new employer) during Employee’s first year of employment with such new employer of least $200,000 per year. Employee will have the obligation to report to the Company when he has secured new employment of any date during their lay- off kind and shall advise the hours scheduled for them during Company at that time of the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full total compensation he will be receiving. The severance pay will be paid in bi-monthly increments as such time hours provided they are not eligible for any Company or Government pension or for benefits under as the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination and separation pay, and with normal payroll until such time as the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefor, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s period.
24.02 Notwithstanding subsection .01is paid in full. It is understood that if Employee does not sign this Agreement, an employee shall be excluded from separation pay eligibility if:
(a) they quit;
(b) they are terminated for just cause;
(c) they are terminated under Section 6.07 of this Collect- ive Agreement;
(d) they have been terminated because of specific direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect his salary will end as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining UnitJuly 25th, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum2008.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Separation Pay. 24.01 A Full Time employee Pursuant to your Severance and Change in Control Agreement with the Company dated as of May 17, 2007 (the “Change in Control Agreement”) and your May 6, 2005 Offer Letter, as modified by the Change in Control Agreement, in exchange for the mutual promises set forth in this Agreement, the Company agrees to provide separation pay to you representing your salary for one year in the gross sum of Four Hundred and Seventy-Five Thousand Dollars ($475,000.00), less all applicable federal, state, local and other employment-related deductions (“Separation Pay”). The Separation Pay shall be payable in accordance with the Company’s regular payroll practices for twelve months and such payments will be made on at least a monthly basis. Provided you do not revoke this Agreement, which you are entitled to separa- tion pay do, and which is explained in Section 5 below, the first monthly installment of the Separation Pay shall be made in the first payroll period following the date this Agreement becomes effective, which is the eighth (8th) day after you execute this Agreement. However, because you are a “specified employee” of the Company (within the meaning of Section 409A of the Internal Revenue Code of 1986, as set out amended, and any successor statute, regulation and guidance thereto (“Code Section 409A”)) as of your Separation Date, then limited only to the extent necessary to comply with the requirements of Code Section 409A, any payments to which you may become entitled under this Section 2(a) which are subject to Code Section 409A (and not otherwise exempt from its application) will be withheld until the first (1st) business day of the seventh (7th) month following your termination of employment, at which time you shall be paid an aggregate amount equal to the accumulated, but unpaid, payments otherwise due under the terms of this Section 2(a). Notwithstanding the foregoing, the Company does not presently expect that, as a specified employee, there will be a delay in subsection .03 provided they have not been excluded by subsection .02 and provided they meet the payment of the Separation Pay to you following the effective date of this Agreement. Furthermore, if any of the following eligibility provisions:
(abenefits set forth in this Section 2(a) if they are terminated for deferred compensation under Code Section 409A, your termination of employment triggering payment of such benefits must constitute a reason other than set out in subsection .02;
(b) if they are laid off and on “separation from service” under Code Section 409A before distribution of such benefits can commence. For purposes of clarification, this paragraph shall not cause any date during their lay- off the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) forfeiture of normal full time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination and separation paybenefits, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are ultimately designated for indefinite lay off but shall only act as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefor, otherwise their right to delay until such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off time as a result thereof must apply for and shall receive any “separation pay to which they are entitled without waiting the six month’s period.
24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:
(a) they quit;
(b) they are terminated for just cause;
(c) they are terminated under Section 6.07 of this Collect- ive Agreement;
(d) they have been terminated because of specific direc- tion or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; unless
(i) the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentatives, or
(ii) the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 yearsservice” occurs. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall views your “separation from service” to be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceiveSeparation Date.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Separation Pay. 24.01 A Full Time regular employee shall be entitled to separa- tion separation pay as set out in subsection .03 provided they have he has not been excluded by subsection .02 and provided they meet he meets any of the following eligibility provisions:
(a) if they are he is terminated for a reason other than set out in subsection .02;
(b) if they are he is laid off and on any date during their lay- off his layoff the hours scheduled for them him during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are he is not eligible for any Company or Government pension or for benefits ben- efits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) ; in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they he may request immediate ter- mination termi- nation and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding not- withstanding the eligibility clause in (b) above;
(d) ; if they are he is ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing concerning technological change; An employee eligible for a separation payment hereunder here- under must apply for it not later than six months after they he first becomes eligible therefor, otherwise their his right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; , an employee laid off as a result re- xxxx thereof must apply for and shall receive any separation sepa- ration pay to which they are he is entitled without waiting the six month’s period.
24.02 . Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:
(a) they quit;
(b) they are he quits; he is terminated for just cause;
(c) they are ; he is terminated under Section 6.07 of this Collect- ive Collective Agreement;
(d) they have ; he has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ationsoperations; unless
(i) unless the direction or decree is the result of an illegal act committed by the Company or one of its rep- resentatives, or
(ii) or the direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(e) they have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(f) they are laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod in lieu of their layoff;
(g) they are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Act;
(h) they are entitled to receive any pension under the Company or Government Pension Plan.
24.03 The amount of the separation payment of an xxx- gible employee shall be equal to:
(a) two (2) week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multi- plied by the number of their completed years of sen- iority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an additional Four Hundred Dollars ($400.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery (or complete retail and/or distribution operations of Brewers Retail) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bar- gaining Agreement are cancelled.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Separation Pay. 24.01 A Full Time regular employee who has completed one (1) year of continuous employment and whose employment is terminated due to lack of work shall be entitled to separa- tion separation pay eligibility as set out in subsection .03 provided they have not been excluded by subsection .02 and provided they meet any of the following eligibility provisions:(A).
(aA) if they are terminated for a reason other than set out in subsection .02;
(b) if they are laid off and on any date during their lay- off the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty percent (50%) of normal full time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(c) in special cases where a laid off employee appears to have little prospect of recall to regular work within a period of six months they may request immediate ter- mination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (b) above;
(d) if they are ultimately designated for indefinite lay off as a result of a major technological change as provided in Section .02 of the Letter of Understanding concern- ing technological change; An employee eligible for a separation payment hereunder must apply for it not later than six months after they first becomes eligible therefor, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation; an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month’s period.
24.02 Notwithstanding subsection .01, an employee shall be excluded from separation pay eligibility if:
(a) they quithe quits;
(b) they are he is terminated for just cause;
(c) they are terminated under Section 6.07 of this Collect- ive Agreement;
(d) they have he has been terminated because of specific direc- tion direction or decree from any Government authority which has the effect of curtailing any of the Company’s oper- ations; 's operations, unless:
(i) the The direction or decree is the result of an illegal act committed by the Company or one of its rep- resentativesrepresentatives, or
(ii) the The direction or decree purports to change the method of beer retailing and/or beer distribution within the Province;
(ed) they have He has been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(fe) they are He is laid off and has arranged with the Company to take leave of absence without pay for a specific per- iod period in lieu of their his layoff;
(gf) they are He is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workplace Safety and Insurance Workers' Compensation Act;
(hg) they are He is entitled to receive any pension under the Company or Government Pension Plan;
(h) for reasons caused by strike, lockout, slowdown or picketing.
24.03 (B) The amount of the separation payment of an xxx- gible eligible employee shall be equal to:
(a) two (2) One week’s 's base earnings (computed on the basis of their his hourly rate in effect as of the time of layoff) multi- plied multiplied by the number of their his completed years of sen- iority seniority (as used for vacation entitlement) as of the last day they he actively worked in the Bargaining UnitUnion, plus
(b) for employees classified as probationary or Full Time employees prior to March 21, 1988, an An additional Four Seven Hundred and Fifty Dollars ($400.00750.00) multiplied by their completed years of seniority used in (a) above to a maximum of 15 years. However, such eligible em- ployee who applies for separation pay at the time they first becomes eligible therefore shall have their separ- ation pay under this part (b) calculated as Eight Hun- dred Dollars ($800.00) multiplied by their his completed years of seniority used in (a) above to a maximum of 15 years. If there is a permanent closure of a brew- ery brewery (or complete retail and/or distribution and other operations of Pacific Brewers RetailDistributors Ltd.) the 15 year maximum is replaced with a 22 year maximum.
24.04 The Company shall be authorized to deduct from any separation pay payable to an employee hereunder the amount of any Guaranteed Wage Plan payment made to such employee which the employee was not entitled to re- ceive.
24.05 (C) If an employee applies for and accepts a separation payment hereunderhere under, their his employment is terminated and their his seniority and other rights under the Collective Bar- gaining Agreement are cancelledcanceled.
Appears in 1 contract
Samples: Collective Agreement
